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Home My WebLink AboutSidewalk Cafe - Pegg's1316 COUNTY -CITY BUILDING 227 W, JEFFERSON BOULEVARD Sou -III BEND. INDIANA 466�01-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY( BO,ARD OF PUBLIC WTJVXN May 22, 2018 Connie Dalton Pegg's 127 S. Michigan Street South Bend, IN 46,601 RE: Sidewalk Caf6 — Pegg's - 127 S. Michigan Dear Ms. Dalton: PIIOM+ , 574/235-9251 FAX 574/ 235-9171 At its meeting held on May 22, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 127 S. Michigan on Monday to Friday from 6:30 a.m. to 2:00 p.m. and Saturday to Sunday from 7:00 a.m. to 2:�00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five feet of usable sidewalk for pedestrians. This permit is for the set-up of the caf6 only; the regulations for the serving of food and alcohol are outside the Board's authority and will need to be followed. Enclosed please find a copy of the Agreement for your records. Please be reminded that the sidewalk cafd permit is only good between April I and October 31, 2018. Also, please be aware that a Sidewalk CalI6 Application and the Agreement must be applied for annually. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linlb M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GAILY A. Ga,ot, SUZANNA M. FRITZBER(3 E1,17.ABETji A. MARANK JAMEs A. MUELLER THERESE J. DoRAU DATE SENT: TO: Matt Longfellow, Engineering Department ',Federico Rodriguez, Fire Department Jill Sciccltano, Downtown South Bend Larry Magliozzi, area Plan Angela Smith, Area Plan 'atrina Roach Dawson, Police Department FROM: Linda M. Martin, Clerk �(`m SUBJECT: SIDEWALK CAFE RECC111AMENDATION-Peggs LOCATION: 127 S. Michigan DATE DUE: May 15, 2018 FAX OR E-MAIL TO: 235-9171/imartin@southbendin.gov ._. ._.._.__. RECOMMENDATIONS AND COMMENTS: By _ Date A WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Name Address City, State, Zip WHEREAS, the site for the proposed sidewalk cafd has been reviewed by the City's Board of Public Works, and it has been determined that allowing Permittee to utilize a portion of the public sidewalk at that location will not interfere with pedestrian traffic along the sidewalk; and WHEREAS, the City has reviewed the Petitioner's application, along with the drawing, descriptions, and or information sufficient to enable the City to determine that the proposed sidewalk caf6 will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk caf6; and WHEREAS, the City has determined that operation of a sidewalk cafd at the location proposed will not be detrimental to the health, safety, or general welfare of the public. NOW, THEREFORE, consideration of the mutual covenants herein contained, it is agreed by the parties hereto as follows: I Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: I P -S . 2) The permit granted herein is for the sole purpose of permitting the temporary use of a portion of the public sidewalk for the operation of a sidewalk caf6 in front of the above referred to address during the hours of: Days/Hours of Sidewalk C66 -ou ov Operation: h F tk - 1)� Updated 6/25/2012 3) The term of the permit shall be for one year from the date of issuance, provided, however, that Permittee shall only operate the sidewalk cafd between April 1 and October 3 1 " of any year. 4) Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as required by 18-15 of the Municipal Code. 5) The permit granted herein shall be for the use of only the area described above, which area is located in front of Permittee's business establishment. Nothing contained herein shall permit Permittee to operate a sidewalk cafd in front of any other business other than Permittee's. 6) The placement of the sidewalk cafd shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafe to the area described above, and shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the described area in order to separate it from the remaining sidewalk area. 8) Permittee has received approval of the City for the furniture, the perimeter barrier, and other items to be used in the operation of the sidewalk cafd, including the design and placement of such items. Permittee shall not change or vary such items in their design or placement. 9) Permittee shall remove all furniture, the perimeter barrier and any other items used in the operation of the sidewalk cafe from the public sidewalk at the end of each business day. 10) Permittee agrees to maintain the area encompassed in this Agreement and adjoining public sidewalk area in a clean and sanitary condition, free from litter and debris generated by the use of the sidewalk for restaurant purposes. 11) If required by the City, Permittee shall provide and maintain a closed trash container as part of its sidewalk cafd operation. Such closed container shall be of a type and shall be placed as determined by the City. 12) Permittee shall not affix any items to the public sidewalk or use the area permitted herein in such a way that the public sidewalk is damaged. 13) Permittee shall indemnify, defend and save harmless the City from any and all damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out of the use of public sidewalk by Permittee for a sidewalk cafd. 14) Permittee shall provide and maintain during the term of this permit policy of public liability insurance, with coverage not less than $300,000 per person and $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 6/25/2012 2 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein, 16) The rights granted herein may not be assigned by Permittee, 17) Notification of approvalldenial of this request will be issued by return of this form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: 6 5 /161 Permittee Signature: Name: 00,14cm IhA Title: r (&Act BOARD OF PUBLIC WORKS APPROVAti President Member Member Member Member Date Updated 6/25/2012 3 APPLICATION FOR SIDEWALK CAFt PERMIT CITY OF SOUTu BEND, INDIANA Applicant's Legal Name ft W f 9. Y) Title Business Name 1,0 "6 ?, � 4 (4,*% ') A 'I Address Telephone Number Proposed Location and Description of Sidewalk Caf6 I A " Days, of Sidewalk Caf6 Operation Sun I Mon Tries I Wed I Thurs I Fri Sat Hours of Sidewalk Cafd Operation The following information is RE, QUIRED foi- completion of a Sidewalk Cafd Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafd showing placement/dimensions of proposed caf6 1 Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, naming the City of South Bend as additional insured) AFFIRMATION 1, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk calid as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. --I 6/wl Date Signature of Applicant Printed Name nam*.Wl Title - BOARD OF PUBLIC WORKS APPROVAL President Member Member 401 'ember Member Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 @ Fax: (574) 235-9171 9 E-Mail: pobliewks 0a soutlibendin.gov 11 IN I lip 0011 IWIM 'l —^� LEPER-1 O06102ATE /0rr a5roz1zol8 ACORO' CERTIFICATE OF LIABILITY INSURANCE �.....� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS .UPON THE CERTIFICATE HOLDER..THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ,ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol€cy(ies) must have ADDITIONAL INSURED. provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms.and conditions of. the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the.cartificate holder in lieu of such endorsements . PRODUCER 574-277.0234 HOLLAND INSURANCE GROUP 54081 N. Ironwood Rd., P.O. Box 6458 cONTncr Ray Barson PHONE 574.277-0234 Arc No, Ext : FAX 574-277.02.86 Arc, No): •M South Bend, IN 46660-6458 Ray Barson INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: PROPERTY OWNERS 32905 INSURED PEGGS of South Bend Inc. Peg Dalton 127 S Michigan INSURER 0 : INSURER C i INSURER D South Bend, IN 46601 .............. . INSURER E INSURER F: r-nVFRAryFS 1 FRTIFI(.ATF NI IMRFR- RFVICIfSN NI IMRFR• THIS. IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, :TERM OR CONDITION OF. ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED. OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE SUB POLICY POLICY NUMBER NIMIDDlYmi POLICY EFF POLICYLTR EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR y 09026221 06/01/2018 06/0112019 EAC OCCURRENCE $ 11000,000 OAMAtGE�To RENTED 300,000 MED EXP An r cne erson 5 10,000 PERS NAL&ADVINJURY 3 1,000,000 MGGE 'L AGGRE TE LIMrr APPLIES PER: POLICY L] jpef El LOC OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG S .2,000,000 AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AIURRT��OppS ONLY AUTOS p ONLY AUTO ON Y COMBINED SINGLE LIMIT BODILY INJU Y Per erson S BODILY BODILY INJURY Per accident S �� R t AnGE $ UMBRELLA LIAR EXCESS LIAR µ OCCUR CLAIMS -MADE EACH OCCURREN E $ 'AGGREGATE OEO I I RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR€ETORMARTNERIEXECUTWE Y r N andatory nBEREXCLUDED? If yyos, describe under DESCR P lb OF ERATIONS below NIA 09111406 0610M018 06101/2019 �( PER . OTH• E L EACH ACCIDENT 100,000 E.L DISEASE -EA EMPLOYEE 1Q0,QOQ E.L DI EAS - OLICY LIMIT tiQ0,Q0Q DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Addlllona] Remarks Schedule, may be attached if more space Is required) City of South Bend is Additional Insured on General Liability City of South Bend 211 N Michigan Street South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Ray Barson ACORD 26 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD